Heston Blumenthal, the celebrity chef, will face no action over the food
poisoning scandal which affected more than 500 diners at his world famous
Fat Duck restaurant.

A health report last month concluded that oysters tainted with sewage and poor staff hygiene led to guests falling ill after eating at the restaurant in Bray, Berks.

However, environmental health officials have now decided not to prosecute the 43-year-old chef over alleged breaches of food safety legislation at the eatery, which is one of only three in Britain to hold three Michelin stars.

Windsor and Maidenhead Council said that although the restaurant could have taken greater steps to combat the norovirus outbreak, there was insufficient evidence to take formal action.

Blumenthal had to close the eatery in Bray, Berks, for nearly three weeks in February following the scare, which caused 529 customers to complain of vomiting and diarrhoea, costing him around £160,000.

The Health Protection Agency found that uncooked oysters supplied by a firm in Colchester, Essex, had become infected with the bug, most likely through raw sewage leaked into the sea.

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It also condemned the Fat Duck’s cleaning methods and Blumenthal for not closing more quickly after the first complaint.

A spokeswoman for the self-styled culinary alchemist yesterday welcomed the council’s decision and claimed that the HPA report was "flawed".

She said: “We are not surprised by the local authority's decision, given that the Health Protection Agency's report clearly concludes that responsibility for the outbreak lies with a shellfish supplier and the local water authority after its shellfish was contaminated with the norovirus.

"Regarding the assumptions made about The Fat Duck in the report, both our own experts and those appointed by our insurers believe them to be flawed.”

Victims of the food poisoning, who are still in negotiation with Blumenthal's insurers for damages, criticised the council’s stance.

Jim Rosenthal, the television sports presenter, who was among those affected after dining at the restaurant to celebrate his wife Chrissy's birthday, said: “I'm disappointed but not surprised.

"Unfortunately, the council has probably been forced to take a pragmatic view and decide against what would probably be the enormous cost of mounting a case against someone who can afford the best lawyers."

"If it was a café at a lay-by doing what he did they would have been taken to court long ago. Chrissy and I will never set foot in there again.”

Boxing promoter Frank Warren, who is also still awaiting compensation, said: "The whole way they have handled this has been a disaster from start to finish.

"To hear that the council isn't going to take him on doesn't surprise me – it's just because of who he is rather than what he's done or not done.”

Environmental health officers at Windsor and Maidenhead Council had several options to punish the Fat Duck if they had sufficient evidence.

As well as taking Blumenthal to court, they could have banned him from certain cooking methods – such as serving raw oysters – or sent a letter demanding improvements in hygiene.

A spokeswoman for Windsor and Maidenhead Council said: "After careful consideration of all the facts surrounding this outbreak, it has been determined, in line with our Corporate Enforcement Policy, that while there were some actions which could have been taken which may have lessened the severity of the outbreak and the number of diners affected, there is insufficient evidence to show any clear breaches under Food Safety legislation and no further formal action will be taken on this occasion."

Colchester Oyster Fishery Limited, which supplied the oysters, and Anglian Water, the water company in the area, were both unavailable for comment yesterday.

The Fat Duck has soared to top the 2010 Good Food Guide after reopening in March. Last month Blumenthal contacted all the customers who complained of food poisoning to apologise and offer them a free meal at the £130-a-head restaurant.